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2025 DAILYLAW 13671 (KAR)

SRI MADUKESHWARA v. STATE OF KARNATAKA

WP/7761/2019 · 2025-01-06

G Basavaraja, Krishna S Dixit

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Judgment text

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- 1 - NC: 2025:KHC:1-DB WP No. 7761 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 7761 OF 2019 (KLGP) BETWEEN: 1. SRI. MADUKESHWARA, S/O LATE GANAPATHI BHATA, AGED ABOUT 67 YEARS, 2. SRI. GURUPAD, S/O LATE GANAPATHI BHATA, AGED ABOUT 61 YEARS, 3. SRI. SRIPADA, S/O LATE GANAPATH BHATA, AGED ABOUT 50 YEARS, 4. SRI. MAHABALEHWARA, S/O LATE VIGNESHWARA BHATA, AGED ABOUT 65 YEARS, 5. SRI. SRIDHAR, S/O LATE VIGNESHWARA BHATA, AGED ABOUT 55 YEARS, 6. SRI. RAGHAV, S/O LATE VENKATARAMANA BHATA, AGED ABOUT 50 YEARS, PETITIONERS NO.1,2,4 ARE SENIOR CITIZENSHIP BENEFIT NOT CLAIMED. ALL ARE AGRICULTURIST R/O TADALASE VILLAGE, HUNASEKOPPA POST, SIRSI TALUK, U.K.DISTRICT-581 403. …PETITIONERS (BY SRI. S R HEGDE HUDLAMANE.,ADVOCATE) Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1-DB WP No. 7761 of 2019 AND: 1. STATE OF KARNATAKA REP. BY ITS REVENUE DEPARTMENT, M.S.BUILDING, 5TH FLOOR, DR.AMBEDKAR BHAVANA, BANGALORE-560 001. REP.BY PRINCIPAL SECRETARY. 2. SRI. RAJENDRA S/O LATE GANAPATHI HEGDE, AGED ABOUT 50 YEARS, AGRICULTURIST & ADVOCATE, R/O TADALASE VILLAGE, HUNASEKOPPA POST, SIRSI, U.K.DISTRICT. …RESPONDENTS (BY SMT.CHANDINI S., HCGP FOR R1; V.C.O DATED 28.03.2019-R2 DELETED; R3 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 [KARNATAKA ACT 38 OF 2014] IS ULTRA VIRES TO THE CONSTITUTION OF INDIA AS IT VIOLATIVES ARTICLES 14, 20, 21 AND 300-A OF THE CONSTITUTION OF INDIA AND CONSEQUENTLY DIRECT OR ORDER DECLARING THAT THE KARNATAKA LAND GRABBING PROHIBITION [SPECIAL COURT] REGULATIONS, 2017 ARE ULTRA VIRES TO THE CONSTITUTION OF INDIA AS THEY VIOLATIVE ARTICLES 14, 20, 21 AND 300-A OF THE CONSTITUTION OF INDIA AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA - 3 - NC: 2025:KHC:1-DB WP No. 7761 of 2019 ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Learned counsel for the Petitioner seeks leave of the Court to withdraw the Writ Petition. He also filed a Memo dated 06.01.2025 to the said effect, which has the following text: “In the above writ petition, the Petitioners have challenged the constitutional validity of Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act 38 of 2014), is ultra-vires and unconstitutional. However, it is reliably learned that similar sets of writ petitions have been dismissed by this Hon’ble Court. In addition to that , the 3rd Respondent herein had initiated a proceeding at LGC No.597/2017 before Karnataka Land Grabbing Prohibition Special Court and said case was dismissed on merits, under the above said circumstances the Petitioners do not intend to proceeding with the Writ Petition, hence they may be permitted to withdraw the above writ petition to secure the ends of justice and equity.” The said Memo is taken on record. The other side does not have objection for granting relief. - 4 - NC: 2025:KHC:1-DB WP No. 7761 of 2019 In view of the above, leave having been accorded, Petition is disposed off as having been withdrawn. No liberty to reagitate is reserved. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE Bsv List No.: 1 Sl No.: 21